A shortage of County Court bailiffs is creating severe delays in the eviction process, particularly in heavily burdened areas like London. According to Landlord Action, landlords are waiting up to 18 months for bailiff appointments, forcing many to explore High Court (HC) enforcement despite its higher costs and procedural complexities.

Key Issues Highlighted:

1. Severe Bailiff Delays:
   • London Impact: Courts managed by the Stratford Housing Centre are scheduling bailiff appointments as far out as mid-2025.
   • Barnet County Court Failure: Cases scheduled for October 2024 were left unattended due to a lack of bailiffs.
   • Average Wait Time: Ministry of Justice data shows repossessions now take 24.5 weeks on average, with more severe delays in urban areas like East and North East London and Manchester.
2. Financial and Procedural Challenges:
   • Landlords are experiencing significant financial strain due to delayed repossessions.
   • Attempts to expedite the process through HC enforcement face obstacles, as some County Court judges require evidence of prior attempts at County Court enforcement.
3. Impact of Section 21 Repeal:
   • With the planned abolition of Section 21, which allows landlords to repossess without specific grounds, the pressures on the court system are expected to worsen.
   • Paul Shamplina of Landlord Action advises landlords to act quickly while Section 21 remains in place.

Proposed Solutions:

1. High Court Enforcement as a Faster Alternative:
   • HC enforcement offers shorter wait times (applications take 2-3 months).
   • Challenges:
     • Additional costs for landlords.
     • Risk of judges denying HC enforcement without prior County Court attempts.
   • Strategic Approach: Landlord Action suggests landlords file for County Court bailiffs first, then apply for HC enforcement after a month if delays persist.
2. Court Prioritization:
   • Shamplina urges County Courts to prioritize HC enforcement for landlords facing severe financial risk.
3. Landlord Preparedness:
   • Close consultation with letting agents and legal experts is advised to ensure compliance and minimize delays.
   • Acting promptly while Section 21 is still available may prevent even longer delays once it is abolished.

Broader Implications:

• Regional Disparities: While London and major cities bear the brunt of bailiff shortages, rural courts with lighter caseloads are less affected.
• Court System Overhaul: The strain highlights the need for investment in judicial resources, especially as upcoming legislative changes (e.g., Renters Reform Bill) are expected to increase the workload.

Conclusion:

With delays pushing eviction cases well into 2025, landlords face mounting costs and uncertainty. Exploring HC enforcement is a viable, though costly, alternative, and reforms are urgently needed to alleviate pressure on the court system. The abolition of Section 21 could exacerbate delays, making immediate action critical for landlords seeking to regain possession of their properties.